I didn't cancel - am I owed a refund?

WB, Shrewsbury, Shropshire, writes In April I attempted to take a last-minute trip to Tenerife with my wife, who has been suffering from depression. I booked a week at the Regency Court Hotel through Sunmaster Holidays two days before we wanted to travel.

Because of the nature of my wife's illness, we had to abort the first attempt to fly out on Sunday morning. I emailed the hotel to say we were still coming and rebooked a flight for Sunday afternoon. This flight also had to be aborted.

Not to be beaten, we regrouped and by Tuesday morning we were ready to give it one more go. I phoned Sunmaster Holidays, which said it would check on our reservation but did not get back in touch until 3pm. Meanwhile, I contacted the hotel's UK reservations office, which said the room had been cancelled by You Travel, a bedbank used by Sunmaster. I have confirmation, in writing from the hotel that it has not received payment from either You Travel or Sunmaster. However, Sunmaster is claiming that because I was a "no-show", our room was automatically cancelled. It says that under the terms of our contract I am not due a refund.

My argument is that the contract terms state that if I cancel, I forfeit the cost of the hotel (a total of £1,200). But I did not cancel. Furthermore, Sunmaster has seemingly taken my money without having to pay anyone.

Gill Charlton replies The mistake you made was in not contacting Sunmaster as soon as you failed to take the first flight. It is standard practice in the travel business that the failure of a customer to turn up for a flight or to check in for a service is treated as a cancellation, and as such the related terms and conditions apply. There should always be a 24-hour number to call. If not, leave a message on the sales line as proof of your attempt to make contact.

You correctly informed the hotel you would be late, but on the Monday morning you should have phoned both Sunmaster and the hotel to keep them abreast of your plans. You did not do this, so it is not unreasonable for the tour operator to deem you a no-show.

As I suspected, Sunmaster Holidays says this train of events was "entirely preventable and manageable" – or would have been had you contacted the company in the first instance. It could have preserved the reservation if you had given it the opportunity to do so.

It says that the hotel only advised its supplier, You Travel, of your non-appearance, and You Travel, in line with the contract, released the reservation. Only when you contacted Sunmaster 48 hours later did it find out what was going on.

The good news is that Sunmaster has spoken to its suppliers and, as a gesture of goodwill, is prepared to offer a refund of £959 – which represents the cost of the hotel for the five nights you could have occupied the room if you had flown on the Tuesday.

Weighing up

Marjorie Smith, Huddersfield, West Yorkshire, writes Is there a foolproof way of weighing my suitcase while I'm abroad to avoid excess charges?

Gill Charlton replies It's difficult to get a precise reading using bathroom scales – if the hotel provides these. The lightest portable luggage scales I have come across are made by Balanzza and sold in Lakeland stores (0153 948 8100; www.lakeland.co.uk). The digital device attaches to your suitcase handle and peeps when the reading is correct. It weighs just 85g (3oz) and costs £19.99.

Pompeii with a pool

Sue Fry, London, writes I would really like to take my two sons to see Pompeii and Herculaneum. As my younger son has severe learning difficulties, a quieter hotel on a beach or somewhere with a large pool is important. Any suggestions?

Gill Charlton replies I would stay in southern Campania rather than the Amalfi coast, as there is faster road access to Pompeii (around an hour away). You can also reach Castellabate or Paestum easily from Naples (hotels will pick you up from nearby railway stations) and use the local train service for day trips to the ancient sites.

Long Travel (01694 722193; www.long-travel.co.uk), a specialist in southern Italy, recommends two hotels: the 14-room Tenuta Seliano, which is on a working farm three miles inland of Paestum and has a large pool and excellent home cooking (£413 per person half board in late October); and the Villa Sirio, which has its own roped-off swimming area beside a sandy beach in the lovely coastal village of Castellabate (£522 per person half board for a late October week).

The best way to see the Galápagos

Chris Ross, Rugby, Warwickshire, writes I am researching holidays to the Galápagos for next year, but there are so many options: what size of boat, which islands, how long? Can you advise?

Gill Charlton replies The choice is whether to take a large cruise-style ship or a yacht. For a more intimate, ecologically sound experience, opt for a 16-passenger yacht owned by a Galápagos family. (Avoid the disappointing shore-based island-hopping with day trips in small boats.)

There are several grades of yacht: "luxury" boats are similar in standard to five-star boutique hotels; "first-class" boats have en-suite double cabins; "tourist-class" boats usually have bunk-bed cabins.

Think Galápagos (01482 872716; www.thinkgalapagos.com), an Atol-bonded company run by Rachel and Santiago Bejarano in Beverley, West Yorkshire, works only with yachts in the "tourist-superior" category upwards. It recommends the Samba and Angelito, which have en-suite cabins with bunk beds and air-conditioning. They are well-maintained and have friendly local crew and naturalists who speak fluent English. An eight-day trip costs about £2,000.

A similar trip on the first-class Galaxy costs about £2,300, and on the luxury-class Integrity about £3,000. All prices include flights from Quito or Guayaquil.

You need eight days to appreciate the diversity of the Galápagos. The itinerary should include one of either Isabella, Genovesa or Española islands. The best time to visit is either May (best for seabirds) or November (best for wild giant tortoises), when it's not too windy.

FAQ

Now that volcanic ash has returned to Britain's skies, will my annual travel insurance cover me if my holiday is cancelled?

Gill Charlton replies In March, the Financial Ombudsman (FOS) ruled that the ash cloud that closed Britain's skies to air traffic in April 2010 should be regarded as an "adverse weather event" and should not be excluded under the force majeure provision of policies.

The FOS has told insurers involved in the hundreds of cases brought to it for adjudication that they must pay up. However, one company, Europ Assistance, is seeking a judicial review to overturn the decision of the Ombudsman.

This year, insurers have made their position more clear. Customers who have bought travel insurance before May 22 should be covered for travel delay and abandonment under the "adverse weather conditions" wording. However, some insurers have introduced an ash-cloud exclusion, so you need to be sure to check the policy wording carefully.

Customers who are stranded abroad and who have to pay for accommodation and meals while waiting for a new flight should claim from their airlines, not from insurers. Some insurers, such as Columbus Direct, offer "emergency travel upgrades".

These cost about £25 a year for cover of £1,500 to pay for accommodation and transport expenses to get home.

Contact Gill

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